The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-08-10
IN A NUTSHELL.
The Lieutenant GuVsrnurship Question Dis
cusssd Briefly and POintsdiy.
The Inextricable Confusion that May Pos
sibly Arise from the Recent Action OF
Republican Officials.

the Board of Equalization, and one OF the
points will be that the board was lot
legally organized. The law makes the
bseutenant-GoveTnor president of tie
board, and that Robertson had no right to
be in that position, either on the pretend
on the election of the board, for it had nc
authority to place him there.
Is seems to me the whole question is in z
nutahell. and that the merest tyro in the
law could decide it.
There is vacancy in the Office of Lieu
and neither the consti-
tuition nor the statute has provided any
means for filling it except at an election,
as provided ia the constitution. That in
strument further provides that in case OF
vacancy in offices of both Governor and
Lieutenant-Goveruor the General Assem-
bly, shall provide by law who shall "aet as
Governor mot for an election) until the
vacancy is filled-flled as provided in the
constitution, of course. But no provision
contemplates a Lieutenant-Go Governor in
case of vacancy. Now, leaving aside the
question of whether ACKNOWLEDGEMENTS
can be elected st any time when the Office
is vacant, and supposing that Robertson
was legally elected, he is not Lieutenant
Governor COW. Even supposing his cleo
ton has been legally anvassed. and under
the constitution he sis elected in fact
that is, legally chosen under the forms OF
law and ready to execute the duties of his
offioe-he is not Lieutenant-Governor.
The constitution is clear, emphatic, dis
tinct and imperative, and.admits of no inn
plioations or misunderstanding. 1t pro.
vides that his official term shall COM
menCe" on the second Monday in January,
1853. and on the same day every four years
there after.
With the position once vacant, no other
official term Can commence before the date
so 6xedi No official term can exist until
it has commencement. Therefore, Rob
eItsOn's official term cannot commence un-
til the second Monday in January, 1889;
and if he is not SO legally fixed in mis- cleo
ton and qualification he is not and cannot
be Lieutenant Governof-saye in prospect
until that time. Nor is there any power
express or implied testing anywhere to
confer upon him authority to do anything
pertaining to that position prior to that
date.
The convention of 1850 evidently consid-
ed il unnecessary to provide for q vacancy
IN the position of Lieutenant Governor.
Il provided for that position and that the
incumbent Should be president of the Sen
ate; and should discharge the duties OF
Coy ernor," when that Office should be
vacant, but he would still be Lieutenant
Governor. DO more or less acting az Gov
eIDor. In case both offices should become
vacant, the General Assembly were re
quiIed to provide by Law who should dis.
cha &c the duties of Governor" until q
new term of office should commence. Not
that new Governor should be elected, for
that had already been provided for aud
when his official term should commence
and end; but IL makes no provision. what-
ever, for We sncy he office Of Lieu
tenant Governor, other than that one shall
he selected and his term shall continue
four years, and shall commence on psr-
ticular named day. In case of vacancy il
is provided the Senate shall elect one of its
own members as president; but that does
not make him Lieutenant Governor or tx
any official term and the Senate can elect
a new one every day il it sees proper. He
is chosen TO act only for that occasion;"
not to fill a vacancy in the position OF
Lieutenant Governor. He must be SEN
ator TO be eligible and he cannot hold the
two offices. He is simply president OF the
Senate, and no more.
The statute makes the Lieutenant Gov
ernor Presid; MT of the State Board OF
Equalization. The statute of 1881 creating
that board required 1t to organize by
choosing one of its own number as Presi-
dent. The subsequent act making the
Lieutenant Governor President did not
wholly repeal the formar act, but modified
it. The whole law must be construed to-
gether. There being no provisions for
filling vacancy in the position OF Lieuten-
ant Governor, while such vacancy might
occur, the last act must be presumed to
have been passed with that contingency in
view. Therefore, if vacancy should oc-
cur at time when an official term could
not commence there would be no Presi-
dent of the Board, and the Board must
select one from 1t own number. Any
four of the persons named are declared to
constitute a quorum and authorized to act.
So, it would be legal body without
Lieutenant Governor.
The law governing legislative assemblies
land other statutory deliberative bodies),
known as Parliamentary Law is in force in
this State, and is as much part of the law
as snv portion of the common Law that is
applicable here-subject, of course, to
modification by statute and the delibera
tive bodies governed by it. A presiding
officer can be chosen by any legal orgaRi'
zation, for the time, under that law where
no other provision Is made. Ii no other
provisions were existing, the Board OF
Equalization could, under the common
law, provide for presiding officer, but he
must be legal member of the Board; for
no one else can act, nor is there legal or
ganization of that Board without some
rule of proceeding to determine questions
and make record.
The Board is q statutory body. Neither
by statute or common law could that
Board go outside and select some one to
become member of it, to take part in
making rulings decide questions as to pro-
cedure, and fix any obligations or liability
on any body. It's duties are part OF those
of the tax levying and collecting power.
which is the highest power of government,
and the one to be the mo t strictly consid
cred, limited and exercised.
There is no provision of express law and
no possible implication from any legal
provision that could make Robertson pres.
ident of the Board ex officio as Lieutenant
Governor. nor could the Board make him
member of its own body any more than
il could any other citizen.
With the self-evident fact staring the
State in the face, what is the legal conclu-
sion as TO valuation of property for taxa
ton when fixed by that Board2 Can it be
called a mere irregularity. Can it be
cured by retrospective act as such2 Can
taxes based upon it be forced from prop
erty owners by legal process before any
snch act is passed? II resisted aud the
question comes before the courts, can the
legislature deprive the courts of existing
jurisdiction pending the question because
such an act would not then cure it? III 1t
| can, and should, what will be the effect
upon the whole body of the law relating to